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Legal Status of Right to Vote in India
Context
The Supreme Court is currently hearing challenges to the Special Intensive Revision (SIR) of electoral rolls in Bihar, prompting a renewed legal and constitutional debate on the status of the ‘right to vote’ in India.
Nature and Classification of Rights:
- Natural Rights: Inherent and inalienable; e.g., right to life and liberty. Indian courts may interpret them through fundamental rights but do not directly enforce them.
- Fundamental Rights (Part III): Enforceable via Article 32 in the Supreme Court; violation by the State is not permitted.
- Constitutional Rights (Outside Part III): Provided under the Constitution (e.g., right to property, free trade); enforceable via Article 226 or respective laws.
- Statutory Rights: Conferred and modified through legislative enactments; enforceable as per procedures laid down in the respective statutes.
Constitutional Provision on Voting:
- Article 326: Provides for universal adult franchise, stipulating that any citizen aged 18 or above, not otherwise disqualified by law, shall be entitled to vote.
- Representation of the People Act, 1950:
- Section 16: Disqualifies non-citizens from being enrolled.
- Section 19: Mandates minimum age and “ordinary residence” in a constituency.
- Representation of the People Act, 1951:
- Section 62: Confers the right to vote to those listed in the electoral roll, with exceptions such as disqualifications or imprisonment.
Judicial Interpretation of Right to Vote:
- P. Ponnuswami Case (1952): Held right to vote is a statutory right.
- Jyoti Basu Case (1982): Reaffirmed voting as a statutory right, not a fundamental or common law right.
- PUCL Case (2003): Observed it could be a constitutional right, if not fundamental.
- Kuldip Nayar Case (2006): Upheld voting as statutory.
- Raj Bala Case (2015): Division Bench termed it a constitutional right.
- Anoop Baranwal Case (2023): Majority reiterated it as a statutory right, though Justice Ajay Rastogi’s dissent associated it with Article 19(1)(a) and the basic structure doctrine.
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PYQ: Right to vote and to be elected in India is a: (2017) (a) Fundamental Right (b) Natural Right (c) Constitutional Right (d) Legal Right |
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